MUR #5620
NATIONAL ASSOCIATION OF REALTORSSummary
RESPONDENTS: National Association of Realtors - 527 Fund; Brodie, Michael C.; Gupton, Timothy W.; National Association Of Realtors; National Association of Realtors Political Action Committee; North Carolina Association of Realtors; Richard Burr Committee
COMPLAINANT: Strini, Thomas J.
SUBJECT: Committees-PAC; Contributions-Prohibited; Disbursements; Expenditures-Limits; Express Advocacy; Reporting
DISPOSITION: The Commission decided by a vote of 4-1 to take the following actions in MURs 5577 and 5620:
1. Accept the conciliation agreement with the National Association of Realtors ? 527 Fund, as recommended in General Counsel?s Report #3 dated May 21, 2007.
2. In MUR 5577, dismiss as a matter of prosecutorial discretion allegations that the National Association of Realtors violated 2 U.S.C. § 441b(a).
3. Approve the Factual and Legal Analysis, as recommended in General Counsel?s Report #3 dated May 21, 2007.
4. Approve the appropriate letters.
5. Close the file.
The Commission decided by a vote of 5 - 0 to take the following actions in MURs 5577 and 5620:
1. Generate National Association of Realtors ? 527 Fund as a respondent in MURs 5577 and 5620.
2. Find reason to believe that the National Association of Realtors ? 527 Fund violated 2 U.S.C. §§ 433 and 434 by failing to register and report as a political committee.
3. Find no reason to believe that the National Association of Realtors Political Action Committee and Michael C. Brodie, in his official capacity as Treasurer, violated 2 U.S.C. § 441b(a) and close the file as to them.
4. Find no reason to believe that the North Carolina Association of Realtors violated 2 U.S.C. § 441b(a) and close the file as to it.
5. Find no reason to believe that the National Association of Realtors violated 2 U.S.C. §§ 441a or 441b by making excessive and prohibited contributions in the form of coordinated communications.
6. Find no reason to believe that the Richard Burr Committee and Timothy W. Gupton, in his official capacity as Treasurer, violated 2 U.S.C. §§ 441a or 441b by knowingly accepting excessive and prohibited contributions in the form
of coordinated communications and close the file as to them.
7.Approve the appropriate Factual and Legal Analysis, subject to revision pursuant to the meeting discussion and consistent with the suggestions outlined at the table by the Office of General Counsel.
8. Authorize the use of compulsory process.
9. Approve the appropriate letters.
Disposition
| Disposition | Penalty | Respondent | Citation |
|---|---|---|---|
| Conciliation: Pre Probable Cause | $78,000.00 | National Association of Realtors - 527 Fund |
2
U.S.C.
§433
2 U.S.C. §434 |
| No Reason to Believe | Brodie, Michael C. | 2 U.S.C. §441b(a) | |
| Gupton, Timothy W. |
2
U.S.C.
§441a
2 U.S.C. §441b |
||
| National Association Of Realtors |
2
U.S.C.
§441a
2 U.S.C. §441b |
||
| National Association of Realtors Political Action Committee | 2 U.S.C. §441b(a) | ||
| North Carolina Association of Realtors | 2 U.S.C. §441b(a) | ||
| Richard Burr Committee |
2
U.S.C.
§441a
2 U.S.C. §441b |
Documents
Participants
| Relationship | Name |
|---|---|
| Primary respondent | National Association of Realtors - 527 Fund |
| Previous respondent | Brodie, Michael C. |
| Gupton, Timothy W. | |
| National Association Of Realtors | |
| National Association of Realtors Political Action Committee | |
| North Carolina Association of Realtors | |
| Richard Burr Committee | |
| Complainant | Strini, Thomas J. |
| Respondent's counsel | Brown, Eric, Esq. |
| Ginsberg, Benjamin L., Esq. | |
| Holmen, Ralph W., Esq. | |
| McGinley, William J., Esq. |